MINING LAWS 


' TN mr 

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iftrr 


OF THE 


State of Montana 


COMPILED FROM 

THE MONTANA CODES 


AND 


SESSION LAWS OF 1897. 


Compiled at the Office of the Secretary of State. 


JOHN BYRNE, 

MINE INSPECTOR. 

LIBRARY OF G0NGRE88, 

- RECEIVED 


MAR 81902 

DIVISION OF DOCUMENTS. 


STATE PUBLISHING CO. 

STATE PRINTERS AND BINDERS. 


HELENA, MONTANA. 




















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M on'Vo-vv ex. . i—(xwO c 


\f 

MINING LAWS 

» 


OF THE 


State of Montana 


COMPILED FROM 

THE MONTANA CODES 


AND 

SESSION LAWS OF 1897. 


Compiled at the Office of the Secretary of State. 


JOHN BYRNE, 

MINE INSPECTOR. 


STATE 

STATE PRINTERS 


PUBLISHING CO. 

< !pNT^|r^^Bn> and BINDERS. 


HELENA. MONTANA. 












State of Montana, 

Office of Secretary of State. 

This Pamphlet contains Mining Laws of the State of Montana now in 
force. 


T. S. Hogan, 

Secretary of State. 


DEC 27 1904 
D. of D, 



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I 




•=s 

22 


<XJ 

-4 


CONTENT: 


Page 


Constitutional Provisions . 5 

Mines aud Mining Location, Record and Work . 6 

Destroying or Tearing down notices.. 9 

Right of Way. 10 

Taxation of Mining Property. 12 

Assessment Net Proceeds of Mines .. 13 

Assessment for Improvements in Unincorporated Towns . . 15 

Conflicting Claims. 15 

Summary Sales of Mines and Mining Claims—Administration of Es¬ 
tates . 16 

False Pretenses in Selling Mines. 17 

Miners Exemption from Execution. 18 

Liens of Mechanics on Mining Property.. 18 

Nature of Property. 18 

Mining Partnerships. 19 

Mining Corporations... 20 

Inspector of Mines, Appointment, Duties, etc. 23 

Regulation of Coal Mines. 26 

Crimes against Public Health and Safety—Regulation of Coal Mines.. 32 

Protection to Underground Miners. 32 

Safety Apparatus.'. 33 

Safety Apparatus and Signals. 34 

State Code of Mine Signals. 35 

Hours of Labor of Hoisting Engineers. 36 

Employment of Children in Mines . 37 

Storing Explosives . 37 

Sinking Shafts on Highway. 38 

Penalty for Violation of Law Governing Inspector of Mines. 38 






























V 


















LINING LAWS 


OF THE 

STATE OE MONTANA. 


CONSTITUTIONAL PROVISIONS. 

ARTICLE XII. 

REVENUE AND TAXATION. 

Section 3. xlll mines and mining claims, both placer and rock in 
place, containing or bearing gold, silver, copper, lead, coal, or other 
valuable mineral deposits, after purchase thereof from the United 
States, shall be taxed at the price paid the United States therefor, unless 
the surface ground, or some part thereof, of such mine or claim, is used 
for other than mining purposes, and has a separate and independent 
value for such other purposes, in which case said surface ground, or 
any part thereof, so used for other than mining purposes, shall be tax¬ 
ed at its value for such other purposes, as provided by law; and all 
machinery used in mining, and all property and surface improvements 
upon or apjmrtenant to mines and mining claims which have a value 
separate and independent of such mines or mining claims, and the am 
nual net proceeds of all mines and mining claims shall be taxed as pro¬ 
vided by law. 


ARTICLE III. 

RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA. 

Section 25. Aliens and denizens shall have the same right as citi¬ 
zens to acquire, purchase, possess, enjoy, convey, transmit and inherit 
mines and mining property, and milling, reduction, concentrating and 
other works, and real property necessary for or connected with the busi¬ 
ness of mining and treating ores and minerals; Provided, That noth¬ 
ing herein contained shall be construed to infringe upon the author¬ 
ity of the United States to provide for the sale or disposition of it* 
mineral and other public lands. 



6 


MINING LAWS 


STATUTORY PROVISIONS. 


MINES AND MINING. 

THE DISCOVERY AND LOCATION OF MINING CLAIMS.—THE 
RECORD AND WORK. 

Section 3610. Location of Mining Claims. Notice of location what to 
contain. 

Section 3611. Discovery shaft, boundaries, how made and of what to 
consist. 

Section 3612. Declaratory statement, when and where tiled, and what to 
contain. 

Section 3613. Placer locations heretofore made, effect of. 

Section 3614. Annual work, affidavit, what to contain and record. 

Section 3615. Relocations, how made. 

Section 3616. Official survey, certificate thereof, and made part of declar¬ 
atory statement. 

Section 3610. Any person a citizen of the United States, or one 
wlio has declared his intentions to become such, who discovers a vein or 
lode bearing gold, silver, cinnabar, lead, tin, copper, or other valuable 
deposits, or who discovers or locates a placer deposit of gold, or other 
deposit of minerals, including building stone, limestone, marble, clay, 
sand, or other mineral substances having a commercial value, may lo¬ 
cate a claim upon such vein, lode or deposit by defining the boundaries 
of the claim in the manner hereinafter described, and by posting a 
notice of such location at the point of discovery, which notice must 
contain: 

1. The name of the lode or claim. 

2. The name of the locator or locators. 

3. The date of the location. 

4. If a lode claim, the number of lineal feet claimed in length 
along the course of the vein, each way from the point of discovery, with 
the width on each side of the center of the vein, and the general course 
of the vein or lode as near as may be. 

5. If a placer or mill site claim, the number of acres or superficial 
feet claimed. 



STATE OF MONTANA 


7 


Section 3611. Before the expiration of ninety days from the date 
of posting such notice upon the claim the locator or locators must sink 
a discovery shaft upon the lode or claim (mill site claims excepted), to 
the depth of at least ten feet from the lowest part of the rim of such 
shaft at the surface, or deeper, if necessary to show a well defined crev' 
ice or valuable deposit. Its equivalent in work must be done upon 
placer claims. A cut, a cross- cut or a tunnel which cuts a lode at the 
depth of ten feet below the surface or an open cut of at least ten feet in 
length along the lode from the point where the lode may be in any 
manner discovered, is equivalent to a discovery shaft. The locator 
or locators must define the boundaries of his or their claim by mark¬ 
ing a tree or rock in place, or by setting a post or stone at each corner 
or angle of the claim. When a post is used it must be at least four in¬ 
ches square by four feet six inches in length, set one foot in the ground, 
with a mound of earth or stone four feet in diameter by two feet in 
height around the post. When a stone is used, not a rock in place, it 
must be at least six inches square and eighteen inches in length, set two- 
thirds of its length in the ground, which trees, stakes or monuments 
must be so marked as to designate the comers. 

Section 3612. Within ninety days of the date of posting the loca¬ 
tion notice upon the claim, there must be filed in the office of the county 
clerk of the county in which the lode or claim is situated, a declaratory 
statement, which must contain: 

1. The name of the lode or claim. 

2. The name of the locator or locators. 

3. The date of location, and such description of the location of said 
claim with reference to some natural object or permanent monument 
as will identify the claim. 

4. If a lode claim, the number of lineal feet claimed in length along 
the course of the vein each way from the point of discovery, with the 
width on each side of the center of the vein, and the general course of 
the lode or vein as near as may be. 

5. If a placer or mill site claim, the number of acres or superficial 
feet claimed. 

6. The dimensions and location of the discovery shaft, or its equiv¬ 
alent, sunk upon lode or placer claims. 

7. The location and description of each corner, with the markings 
thereon. 


8 


MINING LAWS 


Such declaratory statement must be verified by the oath of the loca¬ 
tor, or one of the locators, and in case of a corporation by an officer 
thereof, duly authorized to act. 

Section 3613. All placer mining locations or locations of valuable 
mineral deposits, which have heretofore been recorded in the office of 
the county clerk or recorder, have the same force and effect as though 
such records had been authorized by law, except in cases where the 
rights of third persons had been acquired before the passage of this 
Code; and such record is entitled to be admitted in evidence in any 
court. 

Section 3614. The owner of a lode or placer claim who performs 
or causes to be performed the annual work or makes the improvements 
required by the laws of the United States in order to prevent the for¬ 
feiture of the claim, may, within twenty days after the annual work, 
file in the office of the county clerk of the county in which such claim 
is situated an affidavit of his own, or an affidavit of the person who per¬ 
formed such work or made the improvements, showing: 

1. The name of the mining claim and where situated. 

2. The number of days’ work done, and the character and value of 
the improvements placed thereon. 

3. The dates of performing such work and of making the improve¬ 
ments. 

4. At whose instance the work was done or the improvements 
made. 

5. The actual amount paid for work and improvements, by whom 
paid when the same was not done by the owner. 

Such affidavits, or a certified copy thereof are prim a facie evidence 
of the facts therein stated. 

Section 3615. The relocation of an abandoned lode or placer claim 
must be made by sinking a new discovery shaft, and fixing new bound¬ 
aries in the same manner as if it were an original location made under 
this Chapter; or the relocator may sink the original discovery shaft 
ten feet deeper, in which case the declaratory statement must give the 
depth and dimensions of the original discovery shaft at the date of 
such relocation. In any case, whether the whole or part of an aban¬ 
doned claim is taken, the declaratory statement may state that part of 
the new location is located as abandoned property. If it is not known 
to the locator that his location is on an abandoned claim, then the pro¬ 
visions of this Section do not apply. 


STATE OF MONTANA 


9 


Section 3616. Where a locator or owner of a mining claim has the 
boundaries and corners of his claim established by a United States 
Deputy Mineral Surveyor, and his claim connected with a comer of 
the public or minor surveys, or en established initial point, and in¬ 
corporates into the declaratory statement the held notes of such sur¬ 
vey, and attaches to and hies with such declaratory statement, a cer¬ 
tificate by the surveyor setting forth: 

1. That such survey was actually made by him, giving the date 
thereof. 

2. The names of the claim surveyed and the locators thereof. 

3. That the description incorporated in the declaratory statement 
is sufficient to identify the claim. 

Such survey and certihcate becomes a part of the declaratory state¬ 
ment and such declaratory statement is prima facie evidence of the 
facts therein contained. 

Note—The Provisions of this Chapter apply only to the locations made 
after this Code goes into effect. 


DESTROYING OR TEARING DOWN NOTICES. 

Penal Code. 

Section 1062. Every person who intentionally: 

1. Defaces, obliterates, tears down, or destroys any copy or trans¬ 
cript or extract from or of any law of the United States or of this State, 
or anv. proclamation, advertisement or notification set up at any place 
in this State by authority of any law of the United States or of this 
State, or by order of any court, before the expiration of the time for 
which the same was to remain set up; or, 

2. Defaces, obliterates, tears or destroys any notice placed or posted 
on a mining claim, or removes or destroys any stake or monument 
placed thereon to identify it, 

Is punishable by imprisonment in the county jail not exceeding 
three months or by a fine not exceeding one hundred dollars, or both. 



io 


MINING LAWS 


Section 3630. 
Section 3631. 
Section 3632. 
Section 3633. 
Section 3634. 
Section 3635. 
Section 3636. 
Section 3637. 
Section 3638. 
Section 3639. 
Section 3640. 
Section 3641. 


RIGHT OF WAY. 

Political Code. 

Owners of mines have right of way. 

Right of way for road or ditch. 

Proceedings to obtain right of way. 

Proceedings before the court. 

Commissioners to be appointed. 

Damage to be assessed by commissioners. 

Report of commissioners may be set aside. 

Right of way may be upon payment of damages assessed. 
Appeal from the assessment of damages, how taken. 

Trial on appeal. 

Costs, how paid. 

Final appeal may be taken to Supreme Court. 


Section 3630. The owner of a mining claim held under the laws 
of the United States by patent or otherwise, or under the local laws 
and customs of the State, has a right of way over and across the land 
or mining claim, patented or otherwise, of another, as prescribed in 
this Chapter. 

Section 3631. Whenever a mine or mining claim is so situated that 
it cannot be conveniently worked without a road thereto, or a ditch to 
convey water thereto, or a ditch or a cut to convey the water therefrom, 
or without a flume to carry water and tailings therefrom, or without a 
shaft or a tunnel thereto, which road, ditch, cut, flume, shaft, or tun¬ 
nel must necessarily pass over, under, through, or across any lands or 
mining claims owned or occupied by another, such owner is entitled 
to a right of way for said road, ditch, cut, flume, shaft or tunnel over, 
under through and across the lands or mining claims belonging to 
another, upon compliance with the provisions of this Chapter. 

Section 3632. Whenever such owner desires to work a mine or 
mining claim, and it is necessary to enable him to do so successfully and 
conveniently, that he should have a right of way for any of the pur¬ 
poses mentioned in the foregoing Sections; and, if such right of way 
has not been acquired by agreement between him and the owner of the 
land or claims, over, under, across, and upon which he seeks to establish 
such right of way, it is lawful for him to present to the judge of the 
District Court a complaint asking that such right of way be awarded 
to him. The complaint must be verified and contain a particular de- 
scription of the character and extent of the right sought, a description 


STATE OF MONTANA 


11 

of the mine or mining claim of the owner, and the mining claim or 
claims and the lands to be affected by such right of way, with the names 
of the occupants or owners thereof, and may also set forth any tender 
or offer hereinafter mentioned. 

Section 3633. Upon the receipt of the complaint, and filing thereof 
with the clerk of the court, the judge must direct a summons to issue 
to the defendants named in the complaint, requiring them to appear 
before the judge on a day therein named, which must not be less than 
ten days from the service thereof, and show cause why such right of 
way should not be allowed; the summons may be served on each of the 
parties in the manner prescribed by law for serving summons in other 
actions. 

Section 3634. Upon the return of the summons, or upon any day 
to which the hearing is adjourned, the defendants may demur or ans¬ 
wer, and issue must be joined, and the judge must hear the allegations 
and proofs of the respective parties, and if, upon such hearing, he is 
satisfied that the claims of the plaintiff can only be conveniently work- 
ed by means of the privilege asked for, he must make an order, adjudg¬ 
ing and awarding to the plaintiff such right of way, and must appoint 
three commissioners, disinterested persons and residents of the county 
to assess the damages to the lands or claims affected by such order. 

Section 3635. The commissioners must be sworn to faithfully and 
impartially discharge their duties, and must without delay examine the 
property, lands and claims, and assess the damages resulting from such 
right of way, and report the amount to the judge, and if such right of 
way affects the property of more than one person, such report must 
contain an assessment of damages, to each person. 

Section 3636. For good cause shown the judge may set aside the 
report of the commissioners and appoint three other commissioners. 

Section 3637. Upon the payment of the sum assessed as damages, 
and all costs, to the persons to whom it is awarded, or the payment of 
the same to the clerk for the use of such person, plaintiff is entitled 
to the right of way, and may immediately proceed to occupy the same 
and to erect thereon such works and structures and make therein such 
excavations as may be necessary to the use and enjoyment of the right 
of way so awarded. 

Section 3638. An appeal from the assessment of damages made 
by the commissoners may be taken to the District Court by any party 


12 


MINING LAWS 


interested at any time within ten days after filing of the report of the 
commissioners. A written notice of appeal must be filed with the 
clerk, and served upon the opposite party. 

Section 3639. On appeal the question of the amount of damages 
may be tried by the court or jury as in other cases. If the appellant 
recovers damages exceeding the amount awarded by the commissioners, 
the opposite party must pay the costs of appeal, otherwise the appel¬ 
lant. 

Section 3640. All costs and expenses of the proceedings under the 
provisions of this Chapter, except as provided in the next preceding 
Section, must be paid by the plaintiff or party making the application 
The judge may, if the right of way asked for is denied, allow the oppo¬ 
site party a reasonable counsel fee. 

Section 3641. An appeal to the Supreme Court may be taken by 
either party, as in other cases. 


TAXATION OF MIXING PROPERTY. 

Political Code. 

Section 3672. Taxation of mines. 

Section 3672. All mines and mining claims, both placer and rock 
in place, containing or bearing gold, silver, copper, lead, coal, or other 
valuable mineral deposits, after purchase thereof from the United 
States, shall be taxed at the price paid the United States therefor, un¬ 
less the surface ground, or some part thereof, of such mine or claim is 
used for other than mining purposes, and lias a separate and independ¬ 
ent value for such other purposes, in which case said surface ground, 
or any part thereof, so used for other than mining purposes shall be 
taxed at its full value for such other purposes and all machinery used 
in mining and all property and surface improvements upon or appur¬ 
tenant to mines and mining claims which have a value separate and 
independent of such mines or mining claims, and the annual net pro^ 
ceeds of all mines and mining claims shall be taxed as other personal 
property. 



STATE OF MONTANA. 


13 


ASSESSMENT OF NET PROCEEDS OF MINES. 

Political Code. 

Section 3700. Owners of mines must make statement. 

Section 3701. Statement, what to contain. 

Section 3702. What deductions are to be made. 

Section 3703. Assessment book of the net proceeds of mines, what to 
contain. 

Section 3704. Duties of the assessor and other officers. 

Section 3705. Failure to make statement, duty of assessor. 

Section 3760. Right of assessor to examine books, etc. 

Section 3707. Improvements, etc., not exempt. 

Section 3768. Tax, how collected, and tax a lien. 

Section 3760. Every person, corporation or association engaged 
in mining upon any quartz vein or lode, or placer mining claim, contain* 
ing gold, silver, copper, coal, lead or other valuable mineral deposits, 
must, between the first and tenth days of June in each year, make out 
a statement of the gross yield of the above named metals or minerals 
from each mine owned or worked by such person, corporation or asso¬ 
ciation during the year preceding the first day of June, and the value 
thereof. Such statement must be verified by the oath of such person, 
or the superintendent or managing agent of such corporation or asso¬ 
ciation, who must deliver the same to the assessor of the county in which 
such mine or mines are situated. 

Section 3761. The statement mentioned in the preceding Section 
must contain a true and correct account of the actual expenditures of 
money and labor in and about extracting the ore or mineral from the 
mine and transporting the same to the mill or reduction works and the 
reduction of the ore and the conversion of the same into money, or its 
equivalent, during the year. 

Section 3672. In making the statement of the expenditures men¬ 
tioned in the preceding Section, there must be allowed all moneys ex¬ 
pended for necessary labor, machinery and supplies needed and used 
in the mining operations, for improvements necessary in and about 
the working of the mine, for reducing the ores, for the construction of 
mills and reduction works used and operated in connection with the 
mine, for transporting the ore and for extracting the metals and min¬ 
erals therefrom; but the money invested in the mines or improvements 
during any year except the year immediately preceding such statement, 
must not be included therein. Such expenditures do not include the sal- 


!4 


MINING LAWS 


aries, or any portion thereof, of any persons or officers not actually en¬ 
gaged in the working of the mine, or personally superintending the 
management thereof. 

Section 3763. The assessor must prepare, at the same time he pre¬ 
pares the general assessment book, another assessment book, called “The 
Assessment Book of the Net Proceeds of Mines/’ alphabetically arrang¬ 
ed, unless otherwise directed by the State Board of Equalization, in 
which must be listed the net proceeds of all the mines in his county, 
and in which must be specified, in separate columns and under the ap¬ 
propriate head: 

1. The name of the owmer of the mine. 

2. Description and location of the mine. 

3. Number of tons extracted during the year. 

4. Gross yield or value in dollars and cents. 

5. Actual cost of extracting same from mine. 

6. Actual cost of transportation to place of reduction or sale. 

7. Actual cost of reduction or sale. 

8. Cost of construction and repair of mindk and reduction works 
during the year. 

9. Net proceeds or value, in dollars. 

TO. Total amount of tax. 

Section 3764. The duties of the assessor, county clerk, State Board 
of Equalization, and Board of County Commissioners, as to the assess¬ 
ment of the net proceeds of mines, the statements and returns to be 
made, the equalization thereof, and other official acts, are the same 
as those mentioned in Chapter III., of this Title, in regard to the as¬ 
sessment of other property. 

Section 3765. If any person, corporation or association engaged in 
mining, as mentioned in this Chapter, refuses or neglects to make and 
deliver to the assessor of the county wdiere the mines are located, the 
statement mentioned in this Chapter, such assessor must list the prop¬ 
erty and assess, according to his knowledge and information, the amount 
of such tax in the manner provided by law for the assessment of other 
property where no statement is f urnished. 

Section 3766.. The assessor, at any time, has a right to examine the 
books and accounts of any person, corporation or association engaged 
in mining, as mentioned in this Chapter, in order to verify the state¬ 
ment made by such person, corporation or association, and if from 


STATE OF MONTANA. 


*5 


such examination he finds such statement false, he must_assess the net 
proceeds in the same manner as if no statement had been made and 
delivered. 

Section 3767. Nothing in this Chapter contained must be con¬ 
strued so as to exempt from taxation the improvements, buildings, erec¬ 
tions, structures or machinery placed upon any mining claim, or used 
in connection therewith, or supplies used either in the mills, reduction 
works or mines. 

Section 3768. The tax mentioned in the preceding Sections must 
be collected and the payment thereof enforced as the collection and 
enforcement of other taxes are provided for, and every such tax is a 
lien upon the mines or mining claims from which the ores or minerals 
are extracted, which lien attaches on the first Monday of March in each 
year, and the sale thereof for delinquent taxes may be made as pro¬ 
vided for the sale of real estate for delinquent taxes. 


ASSESSMENT FOR IMPROVEMENTS IN UNINCORPOR¬ 
ATED TOWNS. 

See Sections 5100 to 5133 Political Code. 

Section 5112. Mining claims. 

Section 5112. Whenever mining claims have been located and held 
bona fide for mining purposes, such mining rights, according to the 
metes and hounds located and claimed, must not in any manner be 
affected by the provisions of this Article; nor must any sale he made, 
nor any title be conveyed by reason of any sale or pretended sale of 
such lands so claimed for mining purposes until after the occupancy 
of such mining claims has been abandoned by the holders thereof. 


CONFLICTING CLAIMS. 

Code of Civil Procedure. • 

Section 1321. Mining claim, actions concerning to be governed by local 
rules. 

Section 1322. Adverse claims under acts of Congress. 

Section 1321. In actions respecting mining claims, proof must be 
admitted of the customs, usages, or regulation established and in force 




16 


MINING LAWS 


at the bar or diggings embracing such claim, and such customs, usages 
or regulations, when not in conflict with the laws of this State or the 
United States, must govern the decision of the action. 

Section 1322. In an action brought to determine the respective 
rights of claimants to the possession of a mining claim or quartz lode, 
under the provisions of the Acts of Congress of the United States, it 
is immaterial which party is in possession, and it is sufficient to confer 
jurisdiction upon the court, if it appears from the pleadings that the 
application for a patent has been made and an adverse claim thereto 
filed and allowed in the proper land office; and the verdict or decision 
must find which party is entitled to the possession of the premises in 
dispute. 


SUMMARY SALES OF MINES AND MINING CLAIMS—AD¬ 
MINISTRATION OF ESTATES. 

Code of Civil Procedure. 


Section 2660. 
Section 2661. 
Section 2662. 
Section 2663. 
Section 2664. 


Mines may be sold, how. 

Petition for sale, who may file and what to contain. 
Order to show cause, how made and on what notice. 
Order for sale, when and how made. 

Further proceedings to conform to Articles II. and IV. 


. Section 2660. When it appears from the inventory that the estate 
consists, in whole or in part, of mines or interests in mines, or of shares, 
interests, or stocks in a mining corporation, such mines, interests, stocks 
or shares may be sold under the order of the court or judge. 

Section 2661. The executor or administrator, or any heir at law, or 
creditor of the estate, or any partner or member of any mining company 
or corporation, in which interests or shares are held or owned by the 
estate, may file in the court a petition, in writing setting forth the 
general facts of the estate being then in due course of administration, 
and particularly describing the mine, interests or shares which it is de- 
sired to sell, and particularly the condition and situation of the mines 
or mining interests, or of the mining company or corporation, in which 
such interests or shares are held, and the grounds upon which the sale 
is asked to be made. 




STATE OF MONTANA 


17 


Section 2662. Upon the presentation of such petition, the court 
or judge must make an order directing all persons interested to appear 
before such court or judge, at a time and place specified, not less than 
four nor more than ten weeks from the time of making such order, to 
show cause why an order should not be granted to the executor or ad 
ministrator to sell such mine, mining interests, shares, or stocks, as set 
forth in the petition and belonging to the estate. A copy of the order 
to show cause must be personally served on all persons interested in 
the estate, at least ten days before the time appointed for hearing the 
petition, or published at least four successive weeks in such newspaper 
as the court or judge shall specify. If all persons interested in the 
estate signify in writing their assent to such sale, the notice may be 
dispensed wfith. 

Section 2663. If, upon hearing the petition, it appears to the satis¬ 
faction of the court or judge that it is to the interest of the estate that 
such mining property or interests of the estate should be sold, or that 
an immediate sale is necessary in order to secure the just rights or in¬ 
terests of the mining partners or tenants in common, such court or 
judge must make an order authorizing the executor or administrator 
to sell such mining interests, mines or shares, as herein provided. 

Section 2664. After the order of sale is made, all further proceed¬ 
ings for the sale of such mining property, and for the notice, report, 
and confirmation thereof, must be in conformity with the provisions of 
Articles II. and IV., of this Chapter. 


FALSE PRETENSES IN SELLING MINES. 

Penal Code. 

Section 942. Use of false pretenses in selling mines. 

Section 942. Every person who, with intent to cheat, wrong, or de¬ 
fraud, places in or upon any mine or mining claim any ores or speci¬ 
mens of ores not extracted therefrom, or exhibits any ore, or certifi¬ 
cate of assay of ore not extracted therefrom, for the purpose of selling 
any mine or mining claim, or interest therein, or who obtains any 
money or property by any such false pretenses or artifices, is guilty 
of a felony. 



i8 


MINING LAWS 


MINERS EXEMPTION FROM EXECUTION. 

Sub. Div 5, Sec. 1222 Code of Civil Procedure. 

Sub. .Div. 5, Sec. 1222. To a miner: His cabin or dwelling, sluices 
and pipes, hose, windlass, derricks, cars, pumps, tools, implements, and 
appliances necessary for carrying on any kind of mining operations, 
not exceeding in value the aggregate sum of one thousand dollars, and 
one horse or mule, with harness, and food for such horse or mule, for 
three months, when such horse or mule is used in working his mine or 
mining claim. 


LIENS OF MECHANICS ON MINING PROPERTY. 

Code of Civil Procedure. 

Section 2130. Wlio entitled to lien. 

Section 2130. Every mechanic, miner, machinist, architect, fore- 
man, engineer, builder, lumberman, artisan, workman, laborer, and 
any person performing any w T ork and labor upon, or furnishing any 
material, machinery or fixture for any building, structure, bridge, 
flume, canal, ditch, aqueduct, mining claim, quartz lode, tunnel, city 
or town lot, farm, ranch, fence, railroad, telegraph, telephone, electric 
ligt, gas or water works or plant, or any improvements upon comply¬ 
ing with the provisions of this Chapter, for his work or labor done, or 
material, machinery or fixtures furnished, has a lien upon the property 
upon which the work or labor is done, or material furnished. 


NATURE OF PROPERTY. 

Civil Code. 

Section 1077. Fixtures attached to mine. 

Section 1077. Sluice boxes, flumes, hose, pipes, railway tracks, 
cars, blacksmith shops, mills, and all other machinery or tools used in 
working or developing a mine are to be deemed affixed to the mine. 




STATE OF MONTANA. 


l 9 


MINING PARTNERSHIPS. 

Civil Code. 

Section 3350. When a mining partnership exists. 

Section 3351. Express agreement not necessary to constitute. 

Section 3352. Profits and losses, how shared. 

Section 3353. Lien of partners. 

Section 3354. Mine—Partnership property. 

Section 3355. Partnership not dissolved by sale of interest. 

Section 3356. Purchaser takes, subject to liens, unless, etc. 

Section 3357. Takes with notice of lien, when. 

Section 3358. Contract in writing, when binding. 

Section 3359. Owners of majority of shares govern. 

Section 3350. A mining partnership exists when two or more per¬ 
sons who own or acquire a mining claim for the purpose of working it 
and extracting the mineral therefrom, actually engage in working 
the same. 

Section 3351. An express agreement to become partners or to 
share the profits and losses of mining, is not necessary to the formation 
and existence of a mining partnership. The relation arises from the 
ownership of shares or interests in the mine and working the same for 
the purpose of extracting the minerals therefrom. 

Section 3352. A member of a mining partnership shares in the 
profits and losses thereof in the proportion which the interest or share 
he owns in the mine bears to the whole partnership capital or whole 
number of shares. 

Section 3353. Each member of a mining partnership has a lien 
on the partnership property for the debts due the creditors thereof, and 
for money advanced by him for its use. This lien exists notwithstand¬ 
ing there is an agreement among the partners that it must not. 

Section 3354. The mining ground owned and worked by partners 
in mining, whether purchased with partnership funds or not, is part¬ 
nership property. 

Section 3355. One of the partners in a mining partnership may 
convey his interest in the mine and business without dissolving the part¬ 
nership. The purchaser, from the date of his purchase, becomes a 
member of the partnership. 

Section 3356. A purchaser of an interest in the mining ground of 
a mining partnership takes it subject to the liens existing in favor of the 


20 


MINING LAWS 


partners for debts due all creditors thereof, or advances made for the 
benefit of the partnership, unless he purchased in good faith, for a 
valuable consideration, without notice of such lien. 

Section 3357. The purchaser of the interest of a partner in a mine 
when the partnership is engaged in working it, takes with notice of all 
liens resulting from the relation of the partners to each other, and to 
the creditors of the partnership. 

Section 3358. No member of a mining partnership or other agent 
or manager thereof can, by a contract in writing, bind the partnership, 
except by express authority derived from the members thereof. 

Section 3359. The decision of the members owning a majority of 
the shares or interests in a mining partnership binds it in the conduct 
of its business. 


MINING CORPORATIONS. 
Civil Code. 


Section 1010. 
Section 1011. 
Section 1012. 
Section 1013. 
Section 1014. 
Section 1015. 


Transfer agencies. 

Stock issued at transfer agencies. 

Directors not to sell property. 

Proceedings and certificate of meeting of stockholders. 
Corporation dissolved. 

Consolidation. 


Section 1010. Any corporation organized in this State for the pur 
pose of mining or carrying on mining operations in or without this 
State, may establish and maintain agencies in other States of the United 
States, for the transfer and issuing of its stock; and a transfer or issue 
of the same at any such transfer agency, in accordance with the provi¬ 
sions of its by-laws, is valid and binding as fully and effectually for all 
purposes as if made upon the books of such corporation at its principal 
office within this State. The agencies must be governed by the by¬ 
laws and the directors of the corporation. 

Section 1011. All stock of any such corporation issued at a transfer 
agency must be signed by the president and secretary of the corpora¬ 
tion and countersigned at the time of its issue by the agent having 
charge of the transfer agency. No stock must be issued at a transfer 
agency unless the certificate of stock, in lieu of which the same is issued, 
is at the time surrendered for cancellation. 



STATE OF MONTANA. 


21 


Section 1012. The Board of Directors of any mining corporation 
organized under the provisions of this Code, shall not have power to 
sell, lease, mortgage or otherwise dispose of the whole or any part 
of the mining ground, quartz mills, smelters, concentrators or reduc¬ 
tion works of such corporation, unless they shall have first called a 
meeting of the stockholders of such corporation in the manner prescrib¬ 
ed in Section 525 of this Code, for the purpose of submitting to the 
stockholders of such corporation the proposition to sell, lease, mort¬ 
gage or otherwise dispose of the property of such corporation or some 
portion thereof. The notice so required to be published and sent to 
each stockholder shall distinctly specify each particular tract or piece 
of property so to be sold, leased, mortgaged or otherwise disposed of 
and the particular disposition to be made thereof. 

Section 1013. If at the time and place specified in the notice pro¬ 
vided for in the preceding Section, stockholders shall appear in person 
or by proxy, representing not less than three-fourths of all the shares 
of stock of the corporation, they may organize by choosing one of their 
number chairman of the meeting, and also a suitable person for secre¬ 
tary, and proceed to vote on the proposition mentioned in said notice. 
If there are distinct pieces or parcels of property embraced in the pro¬ 
position, each separate piece of property capable of being disposed of 
in one parcel without material injury to the remainder shall be voted 
on separately. If on canvassing the votes it shall be found that at 
least two-thirds of all the shares of the capital stock of such corporation 
have been voted in favor of selling, leasing, mortgaging or otherwise 
disposing of a given piece or the whole of said mining property, then 
the chairman and secretary of such meeting shall make a certificate 
showing the total number of shares of the capital stock of such corpora¬ 
tion represented in such meeting and by whom voted; the number of 
shares voted in favor of the proposition and the number of shares voted 
against the same. Such certificate shall be signed by the chairman, 
countersigned by the secretary, and verified by their oaths, taken be¬ 
fore some officer qualified to administer oaths. Such verification shall 
be to the effect that the matters and things therein contained are true, 
and that the meeting at which such proceedings were had was called 
and held in pursuance of law, to the best of their knowledge, informa¬ 
tion and belief. Such certificate shall be spread at length on the rec¬ 
ord of stockholders’ meetings of such corporation, and a copy thereof 
under the seal of said corporation, and attested by its president and 


22 


MINING LAWS 


secretary, and duly acknowledged shall be recorded in the office of the 
county clerk of every county wherein any of such property is situated. 

Section 1014. If a sale shall be made as above provided of the 
whole of the property of such corporation, the corporation shall there' 
by be dissolved, and its affairs shall be wound up as provided for in 
other cases of the dissolution of corporations. 

Section 1015. It shall be lawful for two or more corporations 
formed, or that may hereafter be formed, under the laws of this State, 
for mining purposes, which own or possess mining claims or lands ad¬ 
joining each other, or lying in the same vicinity, to consolidate their 
capital stock, debts, property, assets, and franchises, in such manner 
and upon such terms as may be agreed upon by the respective Boards 
of Directors of such corporations so desiring to consolidate their in¬ 
terests; but no such consolidation shall take place without the written 
consent of the stockholders representing two-thirds of the capital 
stock of each corporation, and no such consolidation shall, in any way, 
relieve such corporations or the stockholders thereof, from any and all 
just liabilities; and in case of such consolidation, due notice of the 
same shall be given, by advertising for one month in at least one news 
paper published in the county where the said mining property is situ¬ 
ated, if there be one published therein, and also in one newspaper pub¬ 
lished in the county wdiere the principal place of business of any of said 
corporations shall be. And when the said consolidation is completed, 
a certificate thereof, containing the manner and terms of said consoli¬ 
dation, shall be filed in the office of the county clerk of the county in 
which the original articles of corporation of any of said corporations 
shall be filed, and a copy thereof shall be hied in the office of the Secre¬ 
tary of State; such certificate shall be signed by. a majority of each 
Board of Directors of the original corporations and it shall be their 
duty to call, within thirty days after the filing of such certificate, and 
after at least ten days’ public notice, a meeting of the stockholders 
of all of said mining corporations so consolidated to elect a Board of 
Directors for the consolidated mining corporation, for the year then 
next ensuing. The said certificate shall also contain all the require¬ 
ments prescribed by this Code. 


STATE OF MONTANA. 


23 


INSPECTOR OF MINES. 

Political Code. 


Section 580. 
Section 581. 
Section 582. 
Section 583. 
Section 584. 
Section 585. 
Section 586. 
Section 587. 
Section 588. 
Section 589. 


Appointment qualifications, etc. 

Deputy inspector, appointment qualifications, etc. 
Examination of mines. 

Complaints and duties of inspector, when made. 
Same. Notice to be given and examination made. 
Annual inspection. 

Accidents. 

Bond. 

Report. 

Not to apply to certain mines. 


Section 580. The Governor, by and with the advice and consent of 
the Senate must appoint an Inspector of Mines, who shall be at least 
thirty years of age, a resident of Montana at least one year, who shall 
be theoretically and practically acquainted with Mines and Mining in 
all its branches, and he shall hold his office for four years unless sooner 
removed by the Governor. No person shall hold the position of In¬ 
spector of Mines while an employee or officer of any mining company 
or corporation. The Inspector of Mines must devote his entire time 
to the duties of his office, and his salary is two thousand, four hundred 
dollars. 

Section 581. The Governor by and with the consent of the Senate 
must appoint a Deputy Inspector of Mines who shall possess like quali¬ 
fications to those required of the Inspector of Mines, who shall hold 
his office for four years unless sooner removed by the Governor. No 
person shall hold the office of Deputy Inspector of Mines while an 
employee or officer of any mining company or corporation. 

The Deputy Inspector of Mines must devote his entire time to the 
duties of his office under the supervision and direction of the Inspector 
of Mines, and his annual salary is one thousand, six hundred and fifty 
dollars. 

Section 582. It is the duty of the Inspector of Mines by himself or 
his deputy to visit every mine in the State once every six months and 
inspect its workings, timbering, ventilation, means of ingress and egress 
and the means adopted and in use for the preservation of the lives and 
safety of the Miners employed therein; for this purpose the Mining In¬ 
spector and his Deputy shall at all times have access to any mine and 


2 4 


MINING LAWS 


all parts thereof. All mine owners, lessees, operators or superintend¬ 
ents must render such assistance as may be necessary to enable the 
Inspector or his Deputy to make the examination. 

Section 583. Whenever the Inspector of Mines receives a com¬ 
plaint in writing, signed and verified by the oath of three or more per¬ 
sons setting forth that the mine in which they are working is danger¬ 
ous in any respect, he or the Deputy Inspector must in person visit and 
examine such mine. Every complaint must specifically set forth the 
nature of the danger existing at the mine, and describe with as much 
certainty as possible, how such mine is rendered dangerous, and must 
set forth the time the cause of such danger was first observed, and set 
forth whether or not any notice of such defect or danger has been given 
by the complainants, or anyone else to their knowledge, to the superin¬ 
tendent of such mine, and if no such complaint has been made to such 
superintendent, the reason why it has not been made. 

Section 584. After such complaint shall have been received by the 
Inspector of Mines, he must serve a copy thereof, but without the 
names of the complainants, upon the superintendent, or manager, or 
owner of such mine, at any time before he visits the same, and as soon 
as possible visit such mine; and if from such examination he ascer¬ 
tains that the mine is, from any cause in a dangerous condition, he 
must at once notify the owner, lessor, lessee, or agent thereof, such no¬ 
tice to be in writing, and to be served by copy on such owner, lessor, 
lessee, or agent, in the same manner as provided by law for the serving 
of legal process, and the notice must state fully and in detail, in what 
particular manner such mine is dangerous or insecure, and require all 
necessary changes to be made without delay, for the purpose of making 
such mine safe for the laborers employed therein; and in case of any 
criminal or civil procedure at law against the party or parties so noti¬ 
fied, on account of loss of life or bodily injury sustained by any em¬ 
ploye subsequent to such notice, and in consequence of a neglect to 
obey the Inspector’s requirement, a certified copy of the notice served 
by the Inspector is prima facie evidence of the gross negligence of the 
party or parties so complained of. 

Section 585. It is the duty of the Inspector of Mines, at least once 
in each year, either in person or by a Deputy Inspector, to visit each 
mining county in the State, and examine as many of the mines in the 
different counties as practicable, and make such recommendations 
as in his judgment are necessary to insure the safety of the workmen 


STATE OF MONTANA. 


25 


employed therein; and whenever, from his examination, he finds any 
mine to be in an unsafe conditon, he shall at once serve a notice upon 
the owner, lessor, lessee, or agent thereof, as provided in the next pre¬ 
ceding section. 

Section 586. Whenever a serious or fatal accident occurs in any 
mine it is the duty of the person in charge thereof to immediately noti¬ 
fy the Inspector of Mines, or the Deputy Inspector, and upon receiving 
such notice the Inspector in person, or Deputy Inspector, must at once 
repair to the place of accident, and investigate fully the cause of such 
accident, and whenever possible to do so the Inspector, or Deputy In¬ 
spector, shall be present at the coroner’s inquest held over the remains 
of the person or persons killed by such accident, and testify as to the 
cause thereof, and state whether in his opinion the accident was due to 
the negligence or mismanagement of the owner or person in charge. 
If the Inspector or Deputy Inspector cannot be immediately present 
in case of a fatal or serious accident occurring, it is the duty of the 
owner, or person in charge of the mine, to have written statements by 
those witnessing- the same, and duly sworn to. In case of no person 
being present at the time of the accident, then the verified statement 
of those first present after the accident, must be taken, and such state¬ 
ment must be given to the Inspector or the Deputy Inspector. 

Section 587. The Inspector of Mines must execute an official bond 
in the sum of five thousand dollars, and the Deputy Inspector must exe¬ 
cute an official bond in the sum of twenty-five hundred dollars. 

Section 588. The Inspector of Mines must make an annual report 
to the Governor on the first Monday of November, and in the report 
must state all the accidents that have occurred in the mines of the State 
which have occasioned serious injury or resulted fatally, together with 
the nature and cause of such accidents. Such report must also con¬ 
tain statistical and other information which may tend to promote the 
development of the mineral resources of the State, and must set forth 
the result of the Inspector’s labors. 

Section 589. The provisions of this Article do not apply to mines 
in which less than five men are employed. 


2 6 


MINING LAWS 


REGULATION OF COAL MINES. 

Political Code. 

Section 3350. Maps of coal mines to be furnished inspector. 

Section 3351. Additions to the map to be made, when. 

Section 3352. Failure to provide maps. 

Section 3353. Coal mine escapes. 

Section 3354. Escapes, how constructed. 

Section 3355. Ventilation of coal mines. 

Section 3350. Ventilation, enforced by the inspector. 

Section 3357. Examination for explosive gases. 

Section 3358. Unlawful working of coal mines. 

Section 3359. Foreman must have certificate from inspector and incom 
potent persons not to be employed. 

Section 3360. Ventilation furnaces, how built. 

Section 3361. Hoisting and lowering into the mine. 

Section 3362. Signals, cage, how loaded, and protection. 

Section 3363. Same. 

Section 3364. Penalties. 

Section 3365. State to furnish appliances. 

Section 3350. The owner or operator of any coal mine in the State, 
must make, or cause to he made, an accurate map or plan of the mine, 
which must exhibit the openings or excavations, the shafts, slopes, or 
tunnels, the entries, rooms, or other workings, must show the direction 
of the air currents therein, accurately delineate the surface section 
lines of the coal lands controlled by the owner of said mines and show 
the exact relation to and proximity of the workings of said mine to said 
surface lines; said map, or plan, must also show the exact, date of each 
survey made, and indicate the boundary line of the most advanced face 
of the workings at such date; and in case more than one seam of coal is 
opened or worked, a separate map or plan as aforesaid, must, if desired 
by the Inspector, be made of the working in each seam. The map, or 
plan, or a true copy thereof, with the record of all surveys of said bound¬ 
ary lines and underground workings, must he delivered to the State 
Inspector of Mines, and the original or a true copy of the same must he 
retained for reference and inspection at the office of the coal mine. 
The maps and plans so delivered to the Inspector of Mines are the prop¬ 
erty of the State, and must he transferred to his successor in office. 
Maps of mines filed with the Inspector must be open to the examination 
of the public in the presence of the Inspector, but in no case must any 
copy of the same he made without the consent of the owner, operator, 
or his agent. 


STATE OF MONTANA* 


27 


Section 3351. After the maps and plans herein provided are conr 
pleted, thereafter in July of each year, the owner or operator of every 
coal mine must cause surveys to be made of all alterations and exten¬ 
sions of the workings made during the year preceding, and must have 
the records and results of the survey duly entered upon the maps of 
the Inspector, and upon that kept at the mine. The said extensions 
must be placed upon the Inspector’s map, and the map returned to the 
Inspector within thirty days from the completion of the survey. "When 
any coal mine is worked out, and is about to be abandoned the owner 
or operator must have the maps or plans thereof extended to include 
all the excavations made, showing the most advanced workings of every 
part of the mine and the relation of such boundaries to marked bound¬ 
aries on the surface. 

Section 3352. Whenever the owner or operator of any coal mine 
neglects or refuses to furnish the Inspector the map or plan of such 
coal mine,. or the extensions thereto, as provided for in this Chapter, 
the Inspector is authorized to make, or cause to be made, an accurate 
map or plan of such coal mine, at the expense of the owner, and the cost 
may be recovered from the owner or operator, in the same manner as 
other debts, in the name of the State. 

Section 3353. For all coal mines in this State, when more than six 
men are employed, other than the owners or operators of such mine, 
whether worked by shaft, slope, or drift, there must be provided and 
maintained in addition to the hoisting shaft or opening, a separate es¬ 
capement shaft or opening to the surface, or an underground opening 
or communication between every such mine and some other contiguous 
mine, as may be approved by the Mine Inspector, as coming within 
the requirements of this Chapter, which openings constitute two sep¬ 
arate and available means of ingress and egress to all persons employ¬ 
ed in the mine, and all passage-ways communicating with the escape¬ 
ment shafts must be at least five feet wide and five feet high. 

Section 3354. Every escapement shaft must be separated from the 
main shaft by such extent of natural strata as shall secure safety to the 
men employed in such mines, and provided with either stairways, or 
cages and hoisting apparatus, as in the judgment of the Inspector of 
Mines may be sufficient to insure the safe and speedy removal of all 
persons within the mine in case of danger. Ho obstructions of any 
kind must be permitted in any escapement shaft that would in any way 
impede travel through the same. The time allowed for completing 


28 


MINING LAWS 


such escapement shaft or making such communication with an adjacent 
mine, as is required by the terms of this Chapter, is for all mines 
already opened or in process of development on the sixth day of March, 
1891, one year for sinking any shaft two hundred feet or less in depth, 
and one additional year or pro rata portion thereof for every additional 
two hundred feet, or fraction thereof; but for mines which are opened 
thereafter the time allowed shall be two years for all shafts more than 
two hundred feet in depth, and one year for all shafts two hundred 
feet or less in depth, and the time must be reckoned in all cases from 
the date on which coal is first hoisted from the original shaft for sale 
or use, and it is the .duty of the Inspector of Mines to see that all es¬ 
capement shafts are begun in time to secure the completion within 
the time herein specified. 

Section 3355. The owner or operator of every coal mine, whether 
operated by shaft, slope or drift, must provide and maintain for every 
such mine a good and sufficient amount of ventilation for men and 
animals employed therein; the amount of air in circulation to be in 
no case less than one hundred cubic feet for each man, and six hundred 
cubic feet for each animal per minute, measured at the foot of the down 
cast, and the same to be increased at the discretion of the Inspector ac¬ 
cording to the character and extent of the workings, or to the amount 
of powder used in blasting, and the volume of air must be forced and 
circulated to the face of every working place throughout the mine, so 
that the mine is free from standing powder smoke and gases of every 
kind. All doors set on main entries for the purpose of conducting ven¬ 
tilations must be so constructed and hung as to close of themselves when 
opened, and must be made sufficiently tight to effectually obstruct the 
air currents. 

Section 3356. In all the larger mines, a suitable person as door¬ 
keeper must be kept in attendance upon such doors, to see that they are 
kept securely closed and the air currents properly controlled. When¬ 
ever the Inspector finds men working without sufficient air or under 
any unsaf e conditions, he must first give the owner or operator a reason¬ 
able notice to rectify the same; upon the neglect or refusal of the 
owner or operator of the mine to put the same in a safe condition, as 
required by the Inspector, the Inspector must proceed by an action 
to enjoin the further workings of the mine until the law is complied 
with. All actions for an injunction must be brought by the county 
attorney, or by the Attorney General in the name of the State. 


STATE OF MONTANA. 


2 9 


Section 3357. All mines in which explosive gases are known to ex¬ 
ist must be examined every morning by a duly authorized agent of the 
owner or operator, to determine whether there are any dangerous ac¬ 
cumulations of gases or lack of ventilation or obstructions to roadways 
or any other dangerous conditions and no person must be allowed to 
enter the mine until the agent has reported all the conditions safe for 
beginning work; the agent must make a daily record of the conditions 
of the mine in a book kept for that purpose, which shall be open at all 
times to the examination of the Inspector. The current of air in 
mines must be split, so as to give a separate current to at least every one 
hundred men at work, and the Inspector has the discretion to order 
a separate current for a smaller number of men if special conditons 
render it necessary. In case the entries or roadways of any mine arc 
so dry as to become filled with dust, the owner or operator of the mine 
is required to have such roadways regularly and thoroughly sprinkled 
and it is the duty of the Inspector to see that in all mines every practi¬ 
cable precaution is taken against accidents from the careless handling 
of powder within the mine. 

Section 3358. I 11 no case must more powder be stored in the mine 

at any one time than in the discretion of the Inspector is necessary for 
each day’s use. It is unlawful for coal miners in any mine to charge a 
blasting hole with the loose powder or otherwise than with the prop¬ 
erly constructed cartridge; and in dry and dusty mines it is unlawful 
to load cartridges in the mines except with powder cans constructed 
for that purpose. It is unlawful for the owner or operator of any 
mine to permit miners to work in said mines with tools prohibited by 
law. It is unlawful for any owner or operator of any mine where 
dangerous or explosive gases are known to exist to employ any person 
as foreman or boss of said mine, who does not possess a thorough, prac¬ 
tical knowledge of the nature and danger of inflammable or explosive 
gases and understand the means and appliances for controlling them. 
It is unlawful for any person to act as foreman or mine boss of any 
mine in which inflammable gases are known to exist, who does not 
possess a thorough, practical knowledge of the nature and danger of 
inflammable or explosive gases, and understand the means and appli¬ 
ances for controlling them. 

Section 3359. Tt is unlawful for any person to act as foreman or 
mine boss of any mine in which inflammable gases are known to exist 
who does not possess a certificate from the State Mine Inspector certi- 


30 


MINING LAWS 


lying to his competency for managing the underground, workings of 
mines, together with a thorough knowledge of all gases met with in 
coal mines and of the most approved means of appliances for controlling 
them, and the Inspector of Mines is authorized to examine all foremen 
or mine bosses upon their competency under the provisions of this 
Chapter and issue his certificate to those whom he considers qualified 
to act as such foreman or boss within the meaning of this law. It is 
unlawful for any owner or operator of a coal mine to emply persons 
underground whose duties may involve contact with inflammable gases 
or the handling of explosives, who have not had experience in such 
duties, unless all such employes are placed under the immediate charge 
and instruction of such number of competent men as to secure the 
safety of other persons employed in the same mine. 

Section 3360. The ventilation required by this Chapter may be 
produced by any suitable appliances, but in case a furnace is used for 
ventilating purposes it must be built in such a manner as to prevent 
the communication of fire to any part of the works by lining the upcast, 
with incombustible material for a sufficient distance up from the fur¬ 
nace. It is unlawful to use a furnace for ventilating purposes or for 
any ot her purpose that emits smoke into any compartment constructed 
in or adjoining any hoisting shaft or slope where the hoisting shaft or 
slope is the only means provided for the ingress or egress of persons 
employed in said coal mines. It is unlawful where there is but one 
means of ingress and egress provided at a coal shaft or slope to con¬ 
struct and use a ventilating furnace that emits smoke into a shaft as an 
upcast where the shaft or slope as a means of ingress and egress by 
persons employed in said coal mines is the only means provided for 
furnishing air for persons employed therein. 

Section 3361. The owner or operator of a coal mine operated by 
shaft must provide safe means of hoisting and lowering persons in a 
cage covered with boiler iron, so as to keep safe as far as possible per¬ 
sons descending into and ascending out of said shaft, and said cage must 
be furnished with guides to conduct iron slides through such shaft, 
with a sufficient brake on every drum to prevent accident in case of the 
giving out or breaking of the machinery; and such cages must be 
furnished with safety catches intended and provided as far as possible 
to prevent accident in case of cable breaking or the loosening or dis¬ 
connecting of machinery. The owner or operator of every coal mine 
operated by shaft and steam power must place competent persons at 


STATE OF MONTANA. 


31 


the top and bottom of such shaft for tliQ purpose of attending to signals 
while the men are being lowered or hoisted out of the mine; they must 
be at their post of duty at least thirty minutes before the hoisting 
of coal is commenced in the morning and remain at least thirty minutes 
after the hoisting of coal has ceased at night. It is also their duty to 
see that the men do not carry any tools, timber, or material with them 
on the cage, and that only the proper number of men are allowed upon 
the cage at one time. A sufficient light must be furnished at the top 
and bottom of the shaft to insure as far as possible the safety of persons 
getting on or off the cage. 

Section 3362. A suitable code of signals between the bottom man 
and the top man and engineer must be established to provide and in¬ 
sure the safety of persons being lowered into and hoisted out of any 
shaft; said code of signals so established must be conspicuously posted 
at the top and botom of the shaft and in the engine room. No person 
must ride upon a loaded cage or car used for hoisting purposes in any 
shaft or slope, and in no case must more than twelve persons ride in any 
(rage or car at any one time, nor must any coal be hoisted out of any 
coal mine, except in cases where coal is being hoisted out of a slope 
which is not less than ten feet wide and only one track operated there¬ 
in, while persons are descending into such mine. The number of per¬ 
sons permitted to ascend out of or descend into any coal mine at one 
time must be determined by the Inspector, and they must not be low¬ 
ered or hoisted more rapidly than five hundred feet per minute. 

The top of each and every shaft and the entrance to each and every in¬ 
termediate working vein must be securely fenced by gates, properly pro¬ 
tecting such shaft and the entrance thereto, and the entrance to every 
abandoned slope, air or other shaft must be securely fenced off. 

Section 3363. All underground, self-acting or engine planes, Avith 
single track, on which coal cars are drawn and persons travel, must 
be provided with proper means of signaling between the stopping 
places and ends of said planes, and sufficient places of refuge at the 
sides of such planes must be provided at intervals of not more than ten 
yards and all their other single planes or gangways, twenty yards, 
and they must not be less than six feet wide and AvhiteAvashed or other- 
Avise distinguished from the surrounding walk. The bottom of every 
shaft must be supplied Avith a traveling Avay, to enable men to pass from 
one side of the shaft to the other without passing under or over the cage. 
All sumps must be securely planked over, so as to prevent accident. 


32 


MINING LAWS 


Section 3364. Any person neglecting or refusing to perform the 
duties required by any of the provisions of this Chapter is punishable 
as provided in Section 718, of the Penal Code. 

Section 3365. The Inspector of Mines is authorized to provide, at 
the expense of the State, all necessary air meters, barometers or other 
instruments for the use of himself and deputy in making all investi¬ 
gations and inspections, as required by this Chapter. 


CRIMES AGAINST PUBLIC HEALTH AND SAFETY. 
Penal Code. 

Section 718. Regulation of coal mines. 

Section 718. Every person who violates any of the provisions of 
Chapter XX., Title VII., Part ILL, of the Political Code, relating to 
the regulation of coal mines, is guilty of a misdemeanor. 


PROTECTION TO UNDERGROUND MINERS. 

House JBill 17, Session Laws 1897. 

Section 1. It is the duty of any person, company or corporation, 
who shall have sunk on any mine a vertical or incline to a greater depth 
than one hundred feet, and who shall have the top of such shaft or 
hoisting opening covered or enclosed by a shaft or building which 
is not fire-proof, and who shall have drifted on or along the vein or 
veins thereof, a distance of two hundred feet or more, after cross cut¬ 
ting to the same, and shall have commenced to stope, to provide and 
maintain to the hoisting shaft or the opening through which men are 
let into or out of the mine and the ore is extracted, a separate escape¬ 
ment shaft, raise, or opening, or an underground opening or communi¬ 
cation between every such mine and some other contiguous mine, pro¬ 
vided, that in case such contiguous mine belongs to a different person, 
company, or corporation, the right to use the outlet through such con¬ 
tiguous mine, in all cases when necessary, or in cases of accident must 
be secured and kept in force. Where such an escapement shaft or 
opening shall not be in existence at the time that stoping is commenced, 
work upon such an escapement shaft or opening must be commenced 
as soon as stoping begins and be diligently prosecuted until the same 
is completed, and said escapement shaft raise or opening shall be con¬ 
tinued to and connected with the lowest -workings in the mine. The 




STATE OF MONTANA. 


33 


exit, escapement shaft, raise, or opening provided for in the foregoing 
paragraphs must be of sufficient size as to afford an easy passage way, 
and if it be a raise, or shaft, must be provided with good and substantial 
ladders from the deepest workings to the surface. Whenever the exit 
or outlet herein provided for is not in a direct or continuous course, 
sign-boards plainly marked showing the direction to be taken must be 
placed at each departure from the continuous course. 

Section 2. This Act shall apply only to quartz mines in which 
nine or more men are employed underground, and shall not apply 
to mines not actually extracting ores, by stoping, nor to mines in which 
tlie shaft or hoisting opening, or hauling way is not covered by a shaft 
house, and has no building structure within thirty (30) feet of the 
shaft or opening, nor to mines in which the hoisting shaft or opening 
shall be covered by or enclosed in a fire-proof shaft or building. 

Section 3. The penalty for violating any of the provisions of the 
preceding Section is the same as provided in Section 705 of the Penal 
Code. 


SAFETY APPARATUS. 

Sec. 705 Penal Code as amended by H. B. 77, Session Laws 1897. 

Section 705. Safety cages, etc. 

Section 705. It is unlawful for any corporation or person to sink, 
or work, through any vertical shaft where mining cages are used, to a 
greater depth than three hundred feet, unless said shaft shall be provid¬ 
ed with an iron-bonneted safety cage, to be used in the lowering and 
hoisting of the employees thereof, said cage to be also provided with 
sheet iron or steel casing not less than one-eighth inch in thickness, or 
wire netting of not less than one-eighth inch in diameter; doors to be 
made of the same material shall be hung on hinges, or may be made to 
slide and shall not be less than five feet high from the bottom of the 
cage, and said doors must be closed when lowering or hoisting men. 

The safety apparatus, whether consisting of eccentrics, springs or 
other device, must be securely fastened to the cage, and must be of 
sufficient strength to hold the cage loaded, at any depth to which the 
shaft may be sunk. 

The iron bonnet of the aforesaid cage must be made of boiler sheet 
iron, of good quality, of at least three sixteenths of an inch in thickness, 
and must cover the top of such cage in such manner as to afford the 
3— 



34 


MINING LAWS 


greatest protection to life and limb from anything falling down said 
shaft. 

It shall be the duty of the mining inspector and his assistant to see 
that all cages are kept in compliance with this Section and to also see 
that the safety dogs are kept in good order. 

Every person or corporation failing to comply with any of the pro¬ 
visions of this Section is punishable by a line not less than three hun¬ 
dred dollars, nor more than one thousand dollars. 


SAFETY APPARATUS AND SIGNALS. 

Political Code. 

Section 3652. Code of signals in mines. 

Section 3653. Penalties. 

Section 3654. Fines paid into school fund. 

Section 3652. It is made the duty of the Inspector of Mines of 
Montana, and he is Hereby required to prepare a complete code of sig¬ 
nals for use in all mines in this State, worked through a shaft of 75 
feet or more in depth, and employing ten or more men, and cause the 
same to be made known to each owner or operator of a mine in 
Montana by printed circular instructions to the end that a uniform 
code of mine signals may prevail. The said Inspector of Mines of 
Montana, may add to or change such code of signals as circumstances 
may require, but no change of signals shall go into effect until a time 
specified by him, not less than sixty days nor more than ninety days 
from the time such change shall be ordered by him; provided, that the 
code of signals first prepared by him shall be used in all said shaft mines 
from and after June 1, 1895. 

Section 3653. Any owner or operator of a mine who shall refuse 
or neglect to cause the signals provided for in Section 3652 of this Act 
to be used in his mine to the exclusion of all other signals, shall be 
deemed guilty of a misdemeanor and upon conviction of such refusal 
or neglect, shall be fined in a sum not less than one hundred dollars 
nor more than five hundred dollars, or by imprisonment in the county 
jail for a period of not less than thirty days or more than ninety days 
in the discretion of the court, for each and every offense. 

Section 3654. All fines which may be collected under the provi¬ 
sions of this Act, shall be paid into and form a portion of the public 
school fund in the county in which the conviction takes place. 



STATE OF MONTANA. 


35 


State Code of Mine Signals. 


SIGNAL BELLS. 

1 Bell Hoist, 1 Bell Stop, (if in motion.) 

2 Bells lower men, 3 Bells hoist men. 

4 Bells blasting signal, engineer must answer by raising bucket a few 
feet and letting it back slowly. 

Then 1 Bell hoist men away from blast. 

5 Bells steam on, 6 Bells steam off. 

7 Bells air on, 8 Bells air off. 3-2-2 send down drills. 3-2-3 send down 
picks. 

9 Bells danger signal, (case of fire or other danger) then ring number of 
station where danger exists. No person shall ring any bell except the sta¬ 
tion tender, except in case of danger, or when the main shaft is being sunk. 
Engineers must slow up when passing stations when men are on the cage. 

STATION BELLS. 


Bells 

Pause 

Bells 

No. Station 

Bells 

Pause 

Bells 

No. Station 

2 

4 4 

1 

1 

5 

44 

1 

16 

2 

44 

2 

2 

5 

4 4 

2 

17 

2 

4 4 

3 

3 

5 

4 4 

3 

18 

2 

44 

4 

4 

5 

44 

4 

19 

2 

44 

5 

5 

5 

44 

5 

20 

3 

44 

1 

8 

6 

44 

1 

21 

3 

44 

2 

7 

6 

44 

2 

22 

3 

44 

3 

8 

6 

4 4 

3 

23 

3 

4 4 

4 

9 

6 

44 

4 

24 

3 

4 4 

5 

10 

6 

4 4 

5 

25 

4 

4 4 

1 

11 

7 

4 4 

1 

26 

4 

44 

2 

12 

7 

4 4 

2 

27 

4 

4 4 

3 

13 

7 

44 

3 

28 

4 

44 

4 

14 

7 

4 4 

4 

29 

4 

44 

5 

15 

7 

44 

5 

30 


Where electric bells are used in connection with other bells. 

If cage is wanted ring station signal. Station tender will answer 1 Bell. 

Reply 1 Bell to go up. 

Reply 2 Bells to go below. 

If station is full of ore and station tender is wanted, ring station signal 
and do not answerback. 

If 2-1-2 bells are rung, engineer or station tender does not understand, 
repeat signal. 

In case of danger or accident, ring station signal, station tender will 
reply 1 Bell, ring 9 Bells. 

One copy of this code should be posted on the gallows frame, and one 
before the engineer. 

To be in effect from and after June 1st, 1895. 

This code is subject to change under certain conditions. 




36 


MINING LAWS 


HOURS OF LABOR OF HOISTING ENGINEERS. 

House Bill 22, Session Laws of 1897. 

Section 1. It shall hereafter be unlawful for any engineer or other 
person to run or operate for more than Eight hours in twenty-four 
hours, any first motion or direct acting hoisting engine, in use in any 
mine, or to run or operate for more than said length of time any geared 
or indirect hoisting engine at any mine in which fifteen or more men 
are employed underground. 

This Act shall only apply to such plant or plants as are in operation 
sixteen or more hours in twenty-four hours. 

Section 2. It shall hereafter be unlawful for any mine owner, 
lessee, company or corporation, operating or conducting any mine, to 
hire or employ any engineer or other person to run or operate for more 
than eight hours in twenty-four hours, any first motion or direct acting 
hoisting engine in use at any time. Or to hire or employ any engineer 
or other person to run or operate any geared or indirect acting hoist¬ 
ing engine, at any mine employing fifteen or more men underground. 
This Act shall only apply to such plants as are specified in section one 
of this act Provided, however, That the provisions of this Act shall not 
apply to any engineer or person, who temporarily operates any of 
the engines mentioned, for more than eight hours in one day, when 
from sickness or other unforseen cause the person regularly employed 
is unable to operate the same. 

Section 3. Any person, company or corporation, violating the pro¬ 
visions of this Act, shall upon conviction, be punished by a fine of not 
less than ten nor more than one hundred dollars; and each and every 
day that any person, company or corporation violates the same shall 
constitute a separate and distinct violation and shall be punishable as 
such. 


EMPLOYMENT OF CHILDREN IN MINE. 

Penal Code. 

Section 474. Employment of a child in a mine. 

Section 474. Every person who receives or employs any child un¬ 
der fourteen years of age in any underground works or mine, or in any 
similar business, is punishable by a fine not exceeding one thousand 
dollars. 



STATE OF MONTANA. 


37 


STORING EXPLOSIVES. 


Penal Code. 


\ 


Section 708. 
Section 709. 
Section 714. 
Section 715. 


Storage of explosives in mine. 
Storage of explosives in city. 
Penalties. 

Same. 


Section 708. No person, company or corporation shall store, de 
posit or keep in any mine a greater quantity than three thousand 
pounds of blasting powder, giant or hercules powder, or other highly 
explosive substance, and no explosives named in this Section shall he 
stored, deposited or kept in any place where its accidental explosion 
would cut off the escape of miners working in said mine. 

Section 709. No person, company or corporation, shall store, de- 
posit or keep, within one mile of the limits of any city, town or village, 
any powder, gun powder, giant or hercules powder, or other highly 
explosive substance, in greater quantities than one hundred pounds, 
or more than one thousand giant caps, at any one time, nor shall such 
explosives be stored, deposited or kept in any quantities whatever within 
one mile of such city, town or village, except in a magazine construct¬ 
ed as hereinafter described. Provided, that this Section shall not be 
construed to prevent any person, company or corporation, operating 
a mine within one mile of the limits of such city, town or village, from 
storing powder for use in such mine in the manner prescribed in Sec¬ 
tions 708 and 710 of this Act. Provided also, that this Section shall 
not prevent the keeping of a reasonable amount of gun powder, not 
exceeding fifty pounds, in a safe place for sale. 

Section 714. Any person, or association of persons, violating any 
of the provisions of this Act, shall be punishable by imprisonment in 
the penitentiary not exceeding five years or by fine not exceeding five 
thousand dollars, or by both such fine and imprisonment. 

Section 715. When the death of any person is caused by the ex¬ 
plosion of any powder, gun powder, giant or hercules powder, giant 
caps, or other highly explosive substance, that has been stored, kept, 
handled, or transported, contrary to the provisions of the foregoing 
Sections, the person or persons who have so unlawfully stored, kept, 
handled or transported such explosives, or who may have knowingly 
or negligently permitted their agents, servants or employes, to so un- 


38 


MINING LAWS 


lawfully store, keep, handle or transport the same, shall be guilty of 
manslaughter, and on conviction, shall be punished by imprisonment 
in the State Penitentiary for a period not exceding ten years. 


SINKING SHAFTS OH HIGHWAY. 

Penal Code. 

Section 704. Unsafe shafts, etc. 

Section 704. Every person who sinks any shaft or runs any drift 
or cut, or causes the same to be done within twenty feet of any trail, 
street, road, or public highway who fails within ten days from the time 
the shaft or drift is sunk or run to place a substantial cover over or 
fence around the same, is punishable by a line not exceeding one hun¬ 
dred dollars. Mining and irrigating ditches may be dug or cut to a 
depth not exceeding three feet without incurring the penalty of this 
Section. 


PENALTY FOE VIOLATION OF LAW GOVERNING IN¬ 
SPECTOR OF MINES. 

Penal Code. 

Section 722. Inspection of mines, penalties. 

Section 722. Every person who violates any of the provisions of 
Article XVI., Chapter III., Part III., of the Political Code, relating 
to the inspection of mines, and every person who violates any of the 
provisions of Chapter XXIV., 'Title VII., Part III., of the Political 
Code, relating to dams and reservoirs, is guilty of a misdemeanor. 




















































































































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